Document Type
Article
Publication Date
11-2025
Abstract
This article traces renewed constitutional challenges to the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB), placing them in historical and doctrinal context. Contemporary attacks — advanced by major corporations and the Trump Administration — revive the constitutional conflicts of the 1930s. Drawing on arguments rooted in the unitary executive theory, as well as Article III and the Seventh Amendment, the current challenges threaten not only the NLRB’s independence but the broader administrative state and the system of labor rights it sustains. At stake is more than institutional design: the dispute reflects a deeper contest over economic power, democratic governance, and the constitutional order itself.
Disciplines
Constitutional Law | Labor and Employment Law | Law
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Recommended Citation
Kate Andrias,
The Constitutional Fight over the NLRA and the NLRB: A 90 Year Reprise,
8
Mod. Am. Hist.
440
(2025).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4755